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This Toolkit provides guidance to parties, counsel and arbitrators in situations where a party to arbitration proceedings is also subject to insolvency proceedings in one or more jurisdictions. In 2019, the IBA Arbitration Committee established a sub-group to examine the intersection of insolvency and arbitration and develop meaningful guidance for the arbitration community on the subject. The Toolkit, published by the Committee in March 2021, consists of three parts:
National Reports from 19 countries, discussing the legal approach to the intersection of arbitration and insolvency in their jurisdiction An Explanatory Memorandum, providing a detailed explanation of the relevant concepts discussed in the National Reports and how they may impact domestic and international arbitrations